WSR 98-06-037

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-26--Filed February 26, 1998, 3:48 p.m., effective March 1, 1998, 12:01 a.m.]

Date of Adoption: February 25, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-57-175, 220-57-310, and 220-57-319.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Closes spring chinook fishing in the three lower Columbia tributaries, where the 1998 returns are predicted to be near record lows with no harvestable surplus available. Action is consistent with an announcement by the state of Washington during a hearing on sport fisheries on January 29, 1998, and is consistent with requirements of the Endangered Species Act. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 3, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: March 1, 1998, 12:01 a.m.

February 25, 1998

Bern Shanks

Director

NEW SECTION

WAC 220-57-17500I Cowlitz River. Notwithstanding the provisions of WAC 220-57-175, effective 12:01 a.m. March 1, 1998 until further notice, it is unlawful to take, fish for or possess salmon in those waters of the Cowlitz River downstream from the Barrier Dam to the mouth.

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NEW SECTION

WAC 220-57-31000X Kalama River. Notwithstanding the provisions of WAC 220-57-310, effective 12:01 a.m. March 1, 1998 until further notice, it is unlawful to take, fish for or possess salmon in those waters of the Kalama River downstream from the deadline below the Kalama Fall Hatchery to the mouth.

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NEW SECTION

WAC 220-57-31900Q Lewis River. Notwithstanding the provisions of WAC 220-57-319, effective 12:01 a.m. March 1, 1998 until further notice, it is unlawful to take, fish for or possess salmon in those waters of the Lewis River downstream from Merwin Dam to the mouth.